HARRIS v. POOLE et al

Filing 51

ORDER signed by JUDGE CATHERINE C. EAGLES on 07/09/2019, that Defendant Grewal's Motion to Dismiss, Doc. 21 , is GRANTED IN PART AND DENIED IN PART; that Plaintiff's § 1983 deliberate indifference claim against Defendant Grewal may proceed; and that any state- law medical malpractice claim or other claims asserted in the complaint against Defendant Grewal are DISMISSED. Motions for summary judgment, Docs. 42 , 43 , 47 , remain under advisement.(Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
DERWIN GERRARD HARRIS,
Plaintiff,
v.
KATY POOLE, et al.,
Defendants.

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1:18-CV-378

ORDER
Defendant Grewal moves to dismiss the complaint. Doc. 21. The Magistrate
Judge recommended that the motion be granted in part and denied in part. Doc. 36. The
plaintiff objected to the extent the Magistrate Judge recommended the motion be granted.
Doc. 40. After de novo consideration, the Court adopts the opinion of the Magistrate
Judge. The arguments raised in the objections do not undermine the Magistrate Judge's
analysis or conclusion.
For the reasons stated by the Magistrate Judge, it is ORDERED that Defendant
Grewal’s Motion to Dismiss, Doc. 21, is GRANTED IN PART AND DENIED IN
PART; that Plaintiff’s § 1983 deliberate indifference claim against Defendant Grewal
may proceed; and that any state-law medical malpractice claim or other claims asserted in
the complaint against Defendant Grewal are DISMISSED.
Motions for summary judgment, Docs. 42, 43, 47, remain under advisement.
This the 9th day of July, 2019.
_______________________________
UNITED STATES DISTRICT JUDGE